438

LAWS OF MARYLAND

Ch.8

however, does not have jurisdiction over any
disciplinary action taken by the Board.
Consequently, subsection (b) of this section
expressly provides for direct judicial review for
persons aggrieved under § 11-310 of this
subtitle.

The new language substituted in this section
better coordinates the combined requirements of
the Administrative Procedure Act and the laws
regarding the Board of Review. These provisions
apply in any event. No substantive change is
intended.

11-313. REINSTATEMENT AFTER DISCIPLINARY ACTION.

(A)  IN GENERAL.

EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (C) OF THIS
SECTION, THE BOARD, ON THE AFFIRMATIVE VOTE OF AT LEAST
THREE MEMBERS OF THE BOARD, MAY REINSTATE THE LICENSE OF ANY
INDIVIDUAL WHOSE LICENSE HAS BEEN SUSPENDED OR REVOKED.

(B)  LICENSE SUSPENDED OR REVOKED FOR NARCOTIC
ADDICTION OR HABITUAL INTOXICATION.

IF THE BOARD FINDS THAT THE HABITUAL INTOXICATION OR
ADDICTION IS CURED OR OVERCOME, THE BOARD SHALL REINSTATE
THE LICENSE OF AN INDIVIDUAL WHOSE LICENSE IS SUSPENDED OR
REVOKED UNDER § 11-310(A)(4) OF THIS SUBTITLE, WHICH RELATES
TO HABITUAL INTOXICATION OR ADDICTION.

(C)  TWO-YEAR LIMITATION ON REINSTATEMENT.

THE BOARD MAY NOT REINSTATE A LICENSE THAT HAS BEEN
SUSPENDED OR REVOKED FOR MORE THAN 2 YEARS. HOWEVER, THE
FORMER LICENSEE MAY APPLY FOR A NEW LICENSE UNDER THE
CURRENT LICENSING REQUIREMENTS OF THIS TITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from the last
sentences of Art. 43, § 480(a) and (g).

In subsection (a) of this section the reference
to suspension is new language added to state
explicitly the lesser included power of
shortening a suspension.

As to subsection (a) of this section, the
Commission to Revise the Annotated Code notes
that before passage of the "Consumer
Representatives" Act, Ch. 702, Acts of 1980, the
vote requirements of present Art. 43, § 480(g)
represented a majority of the full authorized
membership of the Board.